Facebook allegedly crossed a line in buying up the competition

The FTC and 46 attorneys general believe the social media specialist violated antitrust laws.

This article was originally published on Fool.com. All figures quoted in US dollars unless otherwise stated.

After paying a record $5 billion fine to the Federal Trade Commission last year to settle allegations that Facebook Inc (NASDAQ: FB) violated user privacy, the social media juggernaut is now in hot water with the regulatory agency yet again. But things are even more serious this time around, with a coalition of 46 attorneys general joining forces with the FTC to file two separate lawsuits against Facebook for alleged violations of antitrust laws.

These are extremely serious charges, and Facebook is now facing substantial regulatory risks as the prosecutors call to break up the company.

But his emails

Facebook has a long history of quickly scooping up small social media start-ups right as those companies start to gain popularity. The most notable of these acquisitions have been the $1 billion acquisition of Instagram and the $19 billion purchase of WhatsApp. (Those price tags are based on the initial offers but changed by the time the deals closed due to fluctuations in Facebook stock.)

The company has long maintained that those services have only been able to grow to dominance under Facebook's wing, thanks to having access to the tech giant's deep pockets and Mark Zuckerberg's ruthless business acumen. That may all be true, but it's also true that acquiring a would-be competitor for the explicit purpose of undermining competition is illegal.

Zuckerberg knows this. Over the summer, a separate congressional investigation unearthed emails from 2012 between Zuckerberg and former CFO David Ebersman where the executives contemplated acquiring Instagram and Path. Ebersman was skeptical of the rationales, and Zuckerberg said that Facebook was really trying to buy time while acknowledging that part of the reason would be to neutralize a potential competitor. Realizing that he may have gone too far, the CEO soon added, "I didn't mean to imply that we'd be buying them to prevent them from competing with us in any way."

This exchange is quoted directly in the FTC's legal complaint, along with another 2008 email where Zuckerberg asserted that "it is better to buy than compete." Facebook had initially tried to challenge Instagram directly, but failed to gain traction with users, so the company fell back on that strategy of acquiring instead of competing.

A similar episode played out with WhatsApp, which was becoming incredibly popular, perhaps unstoppably so, in emerging markets where the messaging service was displacing traditional SMS texting.

"Just as with Instagram, WhatsApp presented a powerful threat to Facebook's personal social networking monopoly, which Facebook targeted for acquisition rather than competition," the FTC wrote.

Facebook says that the feds want "a do-over"

The FTC and attorneys general are seeking to break up Facebook by forcing it to divest both Instagram and WhatsApp, an extraordinary move that would be a daunting task for acquisitions that have long since been integrated into the conglomerate. There are other aspects to the lawsuits, including allegations that Facebook also leveraged its core platform to hurt competition, but the proposed divestitures are a particularly big ask.

"Years after the FTC cleared our acquisitions, the government now wants a do-over with no regard for the impact that precedent would have on the broader business community or the people who choose our products every day," Facebook fired back in a statement.

This article was originally published on Fool.com. All figures quoted in US dollars unless otherwise stated.

Evan Niu, CFA has no position in any of the stocks mentioned. Randi Zuckerberg, a former director of market development and spokeswoman for Facebook and sister to its CEO, Mark Zuckerberg, is a member of The Motley Fool's board of directors. The Motley Fool Australia's parent company Motley Fool Holdings Inc. owns shares of and recommends Facebook. The Motley Fool Australia has recommended Facebook. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Bruce Jackson.

More on International Stock News

A rocket blasts off into space with planet behind it.
Opinions

SpaceX shares are flying. Here's the price I'd wait for

SpaceX is on my watchlist, but I’m staying patient.

Read more »

Flag of America on a processor on a motherboard.
International Stock News

Nvidia shares jump after earnings report. Here's what has investors excited

The world's biggest company delivered another huge quarter and a bullish outlook.

Read more »

A tech worker wearing a mask holds a computer chip.
International Stock News

Up 15% in 2026! Why Nvidia shares could be in for a huge week

The AI behemoth heads into earnings with expectations already running very high.

Read more »

A distressed young woman reads bad news on her smartphone while standing in a modern indoor setting.
ASX Share Market News

How the KOSPI crash impacted ASX investors

The South Korean market rose 170% in FY26 before crashing 44% last month.

Read more »

Man looks shocked as he works on laptop on top a skyscraper with stockmarket figures in graphic behind him.
ASX Share Market News

Imagine the ASX 200 near-tripling in a year. That's what the KOSPI did in FY26

Then came last month's 44% crash. Here's the full story behind the KOSPI's boom and bust.

Read more »

Man controlling a drone in the sky.
International Stock News

Why investors are rotating out of defence stocks: Expert

Should investors buy the dip on this billion dollar sector?

Read more »

Three rockets heading to space
International Stock News

SpaceX shares under pressure despite revenue beat

Solid results have failed to lift the stock.

Read more »

A young woman drinking coffee in a cafe smiles as she checks her phone.
International Stock News

What do Microsoft's strong earnings mean for these ASX shares?

Hyperscaler spending is the demand catalyst for these ASX shares.

Read more »